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McCUTCHEN v. U.S. DEPT. OF HEALTH AND HUMAN SERV.

Nos. 92-5372 & 92-5389.

30 F.3d 183 (1994)

Dr. Charles W. McCUTCHEN, Appellee/Cross-Appellant, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1994.

Attorney(s) appearing for the Case

Miriam McIntire Nisbet, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for the Dept. of Health and Human Services. With her on the briefs were John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

Ronald A. Lindsay, Washington, DC, argued the cause for Dr. Charles McCutchen. With him on the briefs was Joseph R. Damato, Washington, DC.

Robert P. Charrow, Tom Watson, and Joseph N. Onek, Washington, DC, were on the brief for amici curiae The American Counsel on Education, et al. Stuart H. Newberger, Washington, DC, entered an appearance for amici curiae.

Before EDWARDS, BUCKLEY, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Dr. Charles McCutchen filed a request under the Freedom of Information Act for a list of all investigations of scientific misconduct undertaken by the Department of Health and Human Services' Office of Scientific Integrity. The Department released this list, but in all cases where there had been no finding of wrongdoing, it deleted the names of both the investigated scientists (...

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